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2025 DAILYLAW 34472 (KAR)

A JAMES v. THE STATE GOVERNMENT OF KARNATAKA

CRL.P/11643/2024 · 2025-02-14

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6653 CRL.P No. 11643 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11643 OF 2024 BETWEEN: 1. A JAMES S/O SRI. ARPUDASWAMY, AGED ABOUT 59 YEARS, RESIDING AT NO.221, VADDARA DODDI VILLAGE, MARATHALLI POST, RAMAPURA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT - 571 444. 2. LALITHA MARY, D/O A. JAMES, AGED ABOUT 27 YEARS, RESIDING AT NO.221, VADDARA VILLAGE, DODDI MARATHALLI POST, RAMAPURA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT - 571 444. 3. SAGAYALATHA W/O SRI. A JAMES AGED ABOUT 50 YEARS, RESIDING AT NO.221, VADARA DODDI VILLAGE, MARATHALLI POST, RAMAPURA HOBLI, HANUR TALUK, CHAMRAJANAGAR DISTRICT - 571 444. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6653 CRL.P No. 11643 of 2024 4. PRIYAKOLANDAI THERESA, D/O SRI. A. JAMES W/O PERIYANAYAGAM, AGED ABOUT 30 YEARS, RESIDING AT OTTAR THOTTI VILLAGE, MARATHALLI POST, HANUR TALUK, CHAMRAJANAGAR DISTRICT - 571 444. 5. SRI. PERIYANAYAGAM S, S/O SRI SELWANAYAGAM, AGED ABOUT 43 YEARS, RESIDING AT NO.168, NEAR CHURCH SANDANA PALAYAM, HANUR HOBLI, KOLLEGALA TOWN, MARTALLI, CHAMRAJANAGAR DISTRICT - 571 444. …PETITIONERS (BY SRI. RAJESH P., ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY KOLLEGALA TOWN POLICE STATION, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT - 571 444, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING ANNEXURE, HON'BLE HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. HARISH K S/O SRI. KRISHNA AGED ABOUT 32 YEARS, RESIDING AT NO.25, PRAVEEN BUILDING, - 3 - NC: 2025:KHC:6653 CRL.P No. 11643 of 2024 5TH MAIN ROAD, GANDHINAGARA, BENGALURU - 560 009. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. VIVEKANANDA N., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED BY THE RESPONDENT POLICE - RAMAPURA POLICE, CHAMARAJA NAGAR DISTRICT STATION AGAINST THE PETITIONERS IN F.I.R CRIME NO.58/2023 DATED 11.05.2023 VIDE ANNEXURE-A ON THE FILE OF COURT OF HONBLE ADDL. CHIEF JUDGE (JR.DR) AND JMFC, AT KOLLEGAL FOR THE OFFENCES P/U/S 324, 341, 364, 511, 120B AND 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: a) to call for the entire records in FIR in Crime No.58/2023, datead: 11-05-2023 vide "ANNEXURE - "A" filed by the Respondent - Ramapura Police on the file of Court of Hon'ble Additional Civil Judge [Junior Division] and J.M.F.C. at Kollegal for the offences punishable Under Sections 324, 341, 364, 511, 120B and 149 of Indian Penal Code. - 4 - NC: 2025:KHC:6653 CRL.P No. 11643 of 2024 b) To quash the FIR filed by the Kollegal Town Police in F.I.R. Crime No.58/2023 dated: 11-05-2023 vide "ANNEXURE-"A" on the file of Court of Hon'ble Additional Civil Judge [Junior Division] and J.M.F.C. at Kollegal for the offences punishable Under Sections 324, 341, 364, 511, 120B and 149 of Indian Penal Code. and c) to grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and in the circumstances of the above case by allowing the above Petition, in the interest of justice and for this act of kindness the Petitioners shall ever pray for." 2. After arguing the matter for sometime, learned counsel appearing for the petitioners submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to approach this Court once again after respondent No.1 - Police Authorities files a final report. 3. It is submitted that despite the complaint having been lodged as long back as on 11.05.2023 in Crime No.58/2023, respondent No.1 - Police Authorities are not conducting the investigation and are not filing the final report even till today and necessary directions may be issued in this regard. 4. Per contra, the learned Addl. SPP submits that if reasonable time is granted, respondent No.1 - Police Authorities - 5 - NC: 2025:KHC:6653 CRL.P No. 11643 of 2024 shall complete the investigation and file a final report, as expeditiously as possible. 5. In view of the aforesaid facts and circumstances, the petition stands disposed of reserving liberty in favour of the petitioners to approach this Court once again by way of filing a fresh petition in the event the charge sheet is filed against them. 6. In addition thereto, respondent No.1 - Police Authorities shall complete the investigation and submit a final report, if not already filed as on today, within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 6 CT: BHK